TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

CHAPTER 744. MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS

The Texas Health and Human Services Commission, on behalf of the Department of Family and Protective Services (DFPS), adopts amendments to §§744.101, 744.201, 744.301, 744.303, 744.305, 744.401, 744.405, 744.501, 744.503, 744.505, 744.603, 744.605, 744.613, 744.623, 744.627, 744.705, 744.801, 744.803, 744.909, 744.1001, 744.1003, 744.1015, 744.1017, 744.1023, 744.1035, 744.1037, 744.1051, 744.1053, 744.1055, 744.1103, 744.1105, 744.1107, 744.1203, 744.1315, 744.1317, 744.1319, 744.1321, 744.1325, 744.2001, 744.2005, 744.2103, 744.2105, 744.2207, 744.2211, 744.2409, 744.2411, 744.2413, 744.2501, 744.2505, 744.2515, 744.2519, 744.2551, 744.2571, 744.2573, 744.2577, 744.2601, 744.2603, 744.2607, 744.2609, 744.2651, 744.2701, 744.2905, 744.2907, 744.3003, 744.3007, 744.3051, 744.3101, 744.3107, 744.3111, 744.3209, 744.3251, 744.3255, 744.3351, 744.3413, 744.3505, 744.3561, 744.3605, 744.3607, 744.3619, 744.3757, 744.3801, 744.3805, 744.3807, 744.3817, and 744.3821; the repeal of §§744.103, 744.105, 744.107, 744.109, 744.507, 744.615, 744.617, 744.619, 744.621, 744.703, 744.903, 744.905, 744.1019, 744.1029, 744.1031, 744.1033, 744.1039, 744.1041, 744.1101, 744.1111, 744.1301, 744.1327, 744.1401, 744.1403, 744.2101, 744.2111, 744.2113, 744.2115, 744.2305, 744.2509, 744.2511, and 744.3409; and new §§744.111, 744.113, 744.121, 744.123, 744.615, 744.1029, 744.1301, 744.1401, 744.2520, and 744.2576 in Chapter 744, concerning Minimum Standards for School-Age and Before or After-School Programs.

The amendments §§744.405, 744.501, 744.603, 744.623, 744.801, 744.1037, 744.1055, 744.1105, 744.1107, 744.1325, 744.2103, 744.2409, 744.2577, 744.2603, 744.2607, 744.2609, 744.3111, 744.3605, 744.3607, 744.3817, and 744.3821, and new §§744.123, 744.1029, 744.1319, and 744.2520 are adopted with changes to the proposed text published in the October 28, 2016, issue of the Texas Register (41 TexReg 8560).

The amendments §§744.101, 744.201, 744.301, 744.303, 744.305, 744.401, 744.503, 744.505, 744.605, 744.613, 744.627, 744.705, 744.803, 744.909, 744.1001, 744.1003, 744.1015, 744.1017, 744.1023, 744.1035, 744.1051, 744.1053, 744.1103, 744.1203, 744.1315, 744.1317, 744.1321, 744.2001, 744.2005, 744.2105, 744.2207, 744.2211, 744.2411, 744.2413, 744.2501, 744.2505, 744.2515, 744.2519, 744.2551, 744.2571, 744.2573, 744.2601, 744.2651, 744.2701, 744.2905, 744.2907, 744.3003, 744.3007, 744.3051, 744.3101, 744.3107, 744.3209, 744.3251, 744.3255, 744.3351, 744.3413, 744.3505, 744.3561, 744.3619, 744.3757, 744.3801, 744.3805, and 744.3807; repeals §§744.103, 744.105, 744.107, 744.109, 744.507, 744.615, 744.617, 744.619, 744.621, 744.703, 744.903, 744.905, 744.1019, 744.1029, 744.1031, 744.1033, 744.1039, 744.1041, 744.1101, 744.1111, 744.1301, 744.1327, 744.1401, 744.1403, 744.2101, 744.2111, 744.2113, 744.2115, 744.2305, 744.2509, 744.2511, and 744.3409; and new §§744.111, 744.113, 744.121, 744.615, 744.1301, 744.1401, and 744.2576 are adopted without changes to the proposed text published in the October 28, 2016, issue of the Texas Register (41 TexReg 8560).

Also in this issue of the Texas Register, DFPS is withdrawing the repeal and new §744.3109 because the new rule included a change that inadvertently allowed the maximum height of the designated play surface to be higher than was intended, so DFPS is reverting to the current rule.

BACKGROUND AND JUSTIFICATION

The justification of the amendments, new sections, and repeals is to be in compliance with the Texas Human Resources Code (HRC) §42.042(b), which requires CCL to conduct a comprehensive review of all rules and minimum standards every six years. The adopted changes are a result of the comprehensive review of all minimum standards located in Chapter 744.

During this review of standards, CCL's goal was to review the concerns of child advocacy groups, operations, children, and parents and to formulate standards that balance children's health and safety with affordability and availability of care.

In preparation for the review of minimum standards, CCL conducted a web-based survey open to permit holders, caregivers, advocates, parents, CCL staff, and anyone in the general public interested in commenting on the standards. The survey was available for public input from late August through December 2014. The next step in the review was to hold a series of 31 stakeholder forums throughout the state between September and November 2015 to solicit additional input from the public about proposed changes to the minimum standards.

Between the web-based survey and the stakeholder forums, CCL received more than 1,200 comments relating to Chapters 744, 745 (Licensing), 746 (Minimum Standards for Child-Care Centers), and 747 (Minimum Standards for Child-Care Homes) from stakeholders for consideration in the review. These comments, along with a line-by-line review of all minimum standards conducted by both regional and State Office Licensing staff, formed the basis of the first round of recommendations that were then presented to a temporary workgroup. The temporary workgroup was comprised of approximately 15 participants, including providers from child-care centers, a provider from a school-age and before- and after-school program, a parent, representatives from Licensing, and a representative from the Texas Workforce Commission. The workgroup had an introductory meeting on March 22, 2016, and subsequently met twice on April 5, 2016 and May 16, 2016 to review and provide comments regarding the recommended changes to Chapter 744 (and Chapters 746 and 747).

The function of the amendments, new sections and repeals as a result of the changes will be (1) clarification of the Minimum Standards for School-Age and Before or After-School Programs resulting in more compliance; (2) DFPS will be in compliance with HRC §42.042(b); and (3) there will be reduced risk to children.

COMMENTS

The 30-day comment period ended November 27, 2016. During this period, DFPS received one comment regarding one topic from the Coalition for Nurses in Advanced Practice.

Comment concerning §744.123(26), relating to the definition of a health-care professional: The commenter recommended that the definition of "health-care professional" for an advance practice registered nurse be consistent with newer terminology used in the Texas Nursing Practice Act and throughout the other states, and that it be clarified that this definition does not apply to nurses not licensed to practice in the United States.

Response: DFPS agrees with the commenter and adopts this paragraph with the appropriate changes.

Also included below are changes to rules with no comments with an explanation of why additional clarification of the rule was needed.

There were no comments concerning §744.123, relating to definitions, with the exception of the comment immediately above concerning §744.123(26). However, DFPS is adopting this rule with changes to (1) clarify that "clock hour" includes an hour of self-study training; (2) add a definition for "group activities"; (3) correctly alphabetize a couple of definitions; (4) move a definition of "high school equivalent" from proposed §744.1105 to this definitions rule because the term is used in several rules, and in order to clarify that there must be documentation of a GED or confirmation of home-schooling that adequately addressed basic competencies and clarify the wording of the rule to improve readability and ease of understanding; (5) modify the definition for "self-instructional training" to state that "self-study training" is a type of self-instructional training; (6) add a definition for "self-study training", which is where an individual reads written materials, watches a training video, or listens to a recording to obtain certain knowledge that is required for annual training, and clarifies that self-study training is limited to three hours of annual training per year; (7) make minor clarifications in the wording of the rule to improve readability and ease of understanding; and (8) renumber the definitions.

No comments concerning §744.405, relating to what telephone numbers must be posted and where they must be posted. However, DFPS is adopting this rule with changes to clarify that phone numbers must be posted in a prominent place and deleting the outdated requirement to post on the phone handset.

No comments concerning §744.501, relating to a program's operational policies. However, DFPS is adopting this rule with changes to the policy to correct a grammatical error in paragraph (18) and to clarify paragraph (21) to improve readability and ease of understanding.

No comments concerning §744.603, relating to the records an operation must keep. However, DFPS is adopting this rule with changes to clarify that written recommendations from a health-care professional must be kept in the child's record.

No comments concerning §744.623, relating to documentation requirements for an immunization record. However, DFPS is adopting this rule with changes to clarify the rule by including additional examples in paragraphs (2) and (3), to clarify the wording of the rule to improve readability and ease of understanding, and to make the rule consistent with corresponding rules in Chapters 746, 748, and 749.

No comments concerning §744.801, relating to what records must be kept at an operation. However, DFPS is adopting this rule with changes to clarify the personnel and training records requirement by adding a relevant cite, and to clarify the wording of the rule to improve readability and ease of understanding.

No comments concerning §744.1029, relating to documentation requirements for child development and management education qualifications. However, DFPS is adopting this rule with changes to clarify the question to improve readability and ease of understanding.

No comments concerning §744.1037, relating to additional documentation requirements for a director. However, DFPS is adopting this rule with changes to clarify that there are four requirements under subsection (a) as opposed to three, and moves a sentence that was in the wrong place to paragraph (3) to clarify the meaning of the paragraph.

No comments concerning §744.1055, relating to what happens when a director's credential expires. However, DFPS is adopting this rule with changes by clarifying that in some instances a director's certificate will expire if the director does not submit the required documentation confirming that the director's credential is current.

No comments concerning §744.1105, relating to minimum qualifications for caregivers. However, DFPS is adopting this rule with changes by moving the definition for "high-school equivalent" to the definitions rule at §744.123, because the term is used in several other rules.

No comments concerning §744.1107, relating to when persons under 18 may be employed. However, DFPS is adopting this rule with changes to clarify the question to improve the understanding of the rule and make the wording of the rule consistent with corresponding rules in Chapters 746 and 747.

No comments concerning §744.1319, relating to training criteria. However, DFPS is adopting this rule with changes to clarify that the requirements in subsection (c) do not apply to self-study training.

No comments concerning §744.1325, relating to a caregiver or a director obtaining training from another operation. However, DFPS is adopting this rule with changes to reorganize the rule and clarify the wording of the rule to improve readability and ease of understanding without impacting the content of the rule.

No comments concerning §744.2103, relating to methods of discipline and guidance that may be used. However, DFPS is adopting this rule with changes to subsection (b) to correct a grammatical error and to clarify the wording of the rule to improve readability and ease of understanding.

No comments concerning §744.2409, relating to parents providing meals and snacks. However, DFPS is adopting this rule with changes to make the wording of this rule consistent with corresponding rules in Chapters 746 and 747 by adding language to clarify that a parent may provide baked goods for a celebration party at the operation, and to clarify the wording of the rule to improve readability and ease of understanding.

No comments concerning §744.2520, relating to the use of hand sanitizer. However, DFPS is adopting this rule with changes partially in response to a comment on a corresponding rule in Chapter 746. DFPS is clarifying that hand sanitizers may only be used when all of the conditions in the rule are met, and is reorganizing the order of the conditions to improve the understanding of the rule. DFPS is also adding a Helpful Information box immediately following the rule that is located on the DFPS public website version of the minimum standards that states hand sanitizers should be used in moderation and should not be substituted for all hand washing.

No comments concerning §744.2577, relating to how a caregiver should respond to an illness or injury that requires the immediate attention of a health-care professional. However, DFPS is adopting this rule with changes to clarify that the caregiver must also contact the physician or other health-care professional identified in the child's record to be consistent with corresponding rules in Chapters 746 and 747.

No comments concerning §744.2603, relating to ensuring the safety of children. However, DFPS is adopting this rule with changes to make it clear that the smoking of any e-cigarette, vaporizer, or tobacco product or otherwise use of any tobacco product is not allowed at the operation. Oil diffusers would be allowable. This change is in response to a comment on a corresponding rule in Chapter 747.

No comments concerning §744.2607, relating to firearms allowed at the operation. However, DFPS is adopting this rule with changes to clarify that while firearms and other weapons are prohibited on the premises of an operation, the prohibition does not apply to personal vehicles. This clarification is needed because a new definition of "premises" was added to §744.123.

No comments concerning §744.2609, relating to toys that explode or shoot. However, DFPS is adopting this rule with changes to clarify the wording of the rule to improve readability and ease of understanding without changing the content, and to make it consistent with corresponding rules in Chapters 746 and 747.

No comments concerning §744.3111, relating to the maximum height allowed for the highest designated play surface if an operation was licensed before 2010. However, DFPS is adopting this rule with changes to update a cite and to clarify the wording to improve readability and ease of understanding.

No comments concerning §§744.3605 and 744.3607, relating to the mounting of fire extinguishers, and the inspection and servicing of fire extinguishers, respectively. However, DFPS is adopting these two rules with changes to correct the grammar, so the answers and the questions will be consistent.

No comments concerning §744.3817, relating to the carrying of information in vehicles used to transport children. However, DFPS is adopting this rule with changes to clarify that drivers must have a current driver's license and carry it while transporting children.

No comments concerning §744.3821, relating to the communication requirements for a vehicle when transporting children. However, DFPS is adopting this rule with changes to reorganize the rule and clarify the wording of the rule to improve readability and ease of understanding without changing the content of the rule.

SUBCHAPTER A. PURPOSE, SCOPE, AND DEFINITIONS

DIVISION 1. PURPOSE

40 TAC §744.101

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements Human Resources Code §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701115

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER A. PURPOSE AND DEFINITIONS

40 TAC §§744.103, 744.105, 744.107, 744.109

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701117

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER A. PURPOSE, SCOPE, AND DEFINITIONS

DIVISION 2. SCOPE

40 TAC §744.111, §744.113

The new sections are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The new sections implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701118

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 3. DEFINITIONS

40 TAC §744.121, §744.123

The new sections are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The new sections implement HRC §42.042.

§744.123.What do certain words and terms mean when used in this chapter?

The words and terms used in this chapter have the meanings assigned to them under §745.21 of this title (relating to What do the following words and terms mean when used in this chapter?), unless another meaning is assigned in this section or another subchapter or unless the context clearly indicates otherwise. In addition, the following words and terms used in this chapter have the following meanings unless the context clearly indicates otherwise:

(1) Activity space--An area or room used for children's activities, including areas separate from a group's classroom.

(2) Administrative and clerical duties--Duties that involve the administration of an operation, such as bookkeeping, enrolling children, answering the telephone, and collecting fees.

(3) Admission--The process of enrolling a child in an operation. The date of admission is the first day the child is physically present at the operation.

(4) Adult--A person 18 years old and older.

(5) Age-appropriate--Activities, equipment, materials, curriculum, and environment that are developmentally consistent with the chronological age of the child being served.

(6) Attendance--When referring to a child's attendance, the physical presence of a child at the operation on any given day or at any given time, as distinct from the child's enrollment in the operation.

(7) Before or After-school program--An operation that provides care before and after or before or after the customary school day and during school holidays, for at least two hours a day, three days a week, to children who attend pre-kindergarten through grade six.

(8) Caregiver--A person who is counted in the child/caregiver ratio, whose duties include the supervision, guidance, and protection of a child. As used in this chapter, a caregiver must meet the minimum education, work experience, and training qualifications required under Subchapter D of this chapter (relating to Personnel). A caregiver is usually an employee, but may also be a substitute, volunteer, or contractor (see Division 5 of Subchapter D (relating to Substitutes, Volunteers, and Contractors)).

(9) Certified Child-Care Professional Credential--A credential given by the National Early Childhood Program Accreditation to a person working directly with children. The credential is based on assessed competency in several areas of child care and child development.

(10) Certified lifeguard--A person who has been trained in life saving and water safety by a qualified instructor, from a recognized organization which awards a certificate upon successful completion of the training. The certificate is not required to use the term "lifeguard," but you must be able to document that the certificate represents the type of training described.

(11) CEUs (continuing education units)--A standard unit of measure for adult education and training activities. One CEU equals ten clock hours of participation in an organized, continuing-education experience, under responsible, qualified direction and instruction. Although a person may obtain a CEU in many of the same settings as clock hours, the CEU provider must meet the criteria established by the International Association for Continuing Education and Training to be able to offer the CEU.

(12) Child Development Associate Credential--A credential given by the Council for Professional Recognition to a person working directly with children. The credential is based on assessed competency in several areas of child care and child development.

(13) Clock hour--An actual hour of documented:

(A) Attendance at instructor-led training, such as seminars, workshops, conferences, early childhood classes, and other planned learning opportunities, provided by an individual/s, as specified in §744.1319(a) of this title (relating to Must the training for my caregivers and the director meet certain criteria?); or

(B) Self-instructional training that was created by an individual/s, as specified in §744.1319(a) and (b), or self-study training.

(14) Corporal punishment--The infliction of physical pain on a child as a means of controlling behavior. This includes spanking, hitting, slapping, or thumping a child.

(15) Days--Calendar days, unless otherwise stated.

(16) Employee--A person an operation employs full-time or part-time to work for wages, salary, or other compensation. Employees are all of the operation staff, including caregivers, kitchen staff, office staff, maintenance staff, the assistant director, all directors, and the owner, if the owner is ever on site at the operation or transports a child.

(17) Director--An adult you designate to have daily, on-site responsibility for your operation, including maintaining compliance with the minimum standards, rules, and laws. As this term is used in this chapter, a director may be an operation director, program director, or site director, unless the context clearly indicates otherwise.

(18) Enrollment--The list of names or number of children who have been admitted to attend an operation for any given period of time; the number of children enrolled in an operation may vary from the number of children in attendance on any given day.

(19) Entrap--A component or group of components on equipment that forms angles or openings that may trap a child's head by being too small to allow the child's body to pass through, or large enough for the child's body to pass through but too small to allow the child's head to pass through.

(20) Field trips--Activities conducted away from the operation.

(21) Food service--The preparation or serving of meals or snacks.

(22) Frequently--See the definition for "regularly or frequently present at an operation" at §745.601 of this title (relating to What words must I know to understand this subchapter?).

(23) Garbage--Waste food or items that when deteriorating cause offensive odors and attract rodents, insects, and other pests.

(24) Governing body--A group of persons or officers of a corporation or other type of business entity having ultimate authority and responsibility for the operation.

(25) Group activities--Activities that allow children to interact with other children in large or small groups. Group activities include storytelling, finger plays, show and tell, organized games, and singing.

(26) Health-care professional--A licensed physician, a licensed advanced practice registered nurse (APRN), a licensed vocational nurse (LVN), a licensed registered nurse (RN), or other licensed medical personnel providing health care to the child within the scope of the license. This does not include medical doctors, nurses, or medical personnel not licensed to practice in the United States.

(27) Health check--A visual or physical assessment of a child to identify potential concerns about a child's health, including signs or symptoms of illness and injury, in response to changes in the child's behavior since the last date of attendance.

(28) High school equivalent:

(A) Documentation of a program recognized by the Texas Education Agency (TEA) or other public educational entity in another state, which offers similar training on reading, writing, and math skills taught at the high school level, such as a General Educational Development (GED) certificate; or

(B) Confirmation that the person received home-schooling that adequately addressed basic competencies such as basic reading, writing, and math skills, which would otherwise have been documented by a high school diploma.

(29) Individual activities--Opportunities for the child to work independently or to be away from the group, but supervised.

(30) Inflatable--An amusement ride or device, consisting of air-filled structures designed for use by children, as specified by the manufacturer, which may include bouncing, climbing, sliding, or interactive play. They are made of flexible fabric, kept inflated by continuous air flow by one or more blowers, and rely upon air pressure to maintain their shape.

(31) Instructor-led training--Training characterized by the communication and interaction that takes place between the student and the instructor. The training must include an opportunity for the student to interact with the instructor to obtain clarifications and information beyond the scope of the training materials. For such an opportunity to exist, the instructor must communicate with the student in a timely fashion, including answering questions, providing feedback on skills practice, providing guidance or information on additional resources, and proactively interacting with students. Examples of this type of training include, classroom training, web-based on-line facilitated learning, video-conferencing, or other group learning experiences.

(32) Janitorial duties--Those duties that involve the cleaning and maintenance of the operation's building, rooms, furniture, etc. Cleaning and maintenance include such duties as cleansing carpets, washing cots, and sweeping, vacuuming, or mopping a restroom or a classroom. Sweeping up after an activity or mopping up a spill in a classroom that is immediately necessary for the children's safety is not considered a janitorial duty.

(33) Local sanitation official--A sanitation official designated by the city or county government.

(34) Multi-site operations--Two or more operations owned by the same person or entity, but the operations have separate permits. These operations may have centralized business functions, record keeping, and leadership.

(35) Natural environment--Settings that are natural or normal for all children of an age group without regard to ability or disability. For example, the primary natural group setting for a school-age child with a disability would be a play group, program, or whatever setting exists for school-age children without disabilities.

(36) Nighttime care--Care given on a regular or frequent basis to children who are starting or continuing their night sleep, or to children who spend the night or part of the night at the operation between the hours of 9:00 p.m. and 6:00 a.m.

(37) Operation--A person or entity offering a before or after-school program or school-age program that is subject to Licensing's regulation. An operation includes the building and the premises where the program is offered, any person involved in providing the program, and any equipment used in providing the program.

(38) Operation director--A director at your operation who is not supervised by a program director. An operation that has an operation director cannot have a program director or a site director.

(39) Owner--The sole proprietor, partnership, corporation, or other type of business entity who owns the operation.

(40) Permit holder--The owner of the operation that is granted the permit.

(41) Permit is no longer valid--For purposes of this chapter, a permit remains valid through the renewal process. A permit only becomes invalid when your:

(A) Operation voluntarily closes;

(B) Operation must close because of an enforcement action in Subchapter L of Chapter 745 (relating to Enforcement Actions);

(C) Permit expires according to §745.481 of this title (relating to When does my permit expire?); or

(D) Operation must close because its permit is automatically revoked according the Human Resources Code §§42.048(e), 42.052(j), or 42.054(f).

(42) Premises--Includes the operation, any lots on which the operation is located, any outside ground areas, any outside play areas, and the parking lot.

(43) Program--The services and activities provided by an operation.

(44) Program director--A director who oversees your program at multi-site operations and supervises a site director at each operation.

(45) Regular--On a recurring, scheduled basis.

(46) Regularly or frequently present at an operation--See §745.601 of this title (relating to What words must I know to understand this subchapter?).

(47) Safety belt--A lap belt and any shoulder straps included as original equipment on or added to a vehicle.

(48) Sanitize--The use of a product (usually a disinfecting solution) that is registered by the Environmental Protection Agency (EPA) which substantially reduces germs on inanimate objects to levels considered safe by public health requirements. Many bleach and hydrogen peroxide products are EPA-registered. You must follow the product's labelling instructions for sanitizing (paying attention to any instructions regarding contact time and toxicity on surfaces likely to be mouthed by children). For an EPA-registered sanitizing product or disinfecting solution that does not include labelling instructions for sanitizing (a bleach product, for example), you must follow these steps in order:

(A) Washing with water and soap;

(B) Rinsing with clear water;

(C) Soaking in or spraying on a disinfecting solution for at least two minutes. Rinsing with cool water only those items that children are likely to place in their mouths; and

(D) Allowing the surface or item to air-dry.

(49) School-age child--A child who is five years of age and older, and who will attend school at or away from the operation beginning in August or September of that year.

(50) School-age program--An operation that provides supervision and recreation, skills instruction, or skills training for at least two hours a day and three days a week to children who attend pre-kindergarten through grade six. A school-age program operates before or after the customary school day and may also operate during school holidays, the summer period, or any other time when school is not in session.

(51) Self-instructional training--Training designed to be used by one individual working alone and at the individual's own pace to complete lessons or modules. Lessons or modules commonly include questions with clear right and wrong answers. An example of this type of training is web-based training. Self-study training is also a type of self-instructional training.

(52) Self-study training--Non-standardized training where an individual reads written materials, watches a training video, or listens to a recording to obtain certain knowledge that is required for annual training. Self-study training is limited to three hours of annual training per year.

(53) Site director--A director who has on-site responsibility at a specific operation, but who is supervised by a program director.

(54) Special care needs--A child with special care needs is a child who has a chronic physical, developmental, behavioral, or emotional condition and who also requires assistance beyond that required by a child generally to perform tasks that are within the typical chronological range of development, including the movement of large and/or small muscles, learning, talking, communicating, self-help, social skills, emotional well-being, seeing, hearing, and breathing.

(55) State or local fire marshal--A fire official designated by the city, county, or state government.

(56) Universal precautions--An approach to infection control where all human blood and certain human bodily fluids are treated as if known to be infectious for HIV, HBV, and other blood-borne pathogens.

(57) Water activities--Related to the use of swimming pools, splashing/wading pools, sprinkler play, or other bodies of water

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701119

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER B. ADMINISTRATION AND COMMUNICATION

DIVISION 1. PERMIT HOLDER RESPONSIBILITIES

40 TAC §744.201

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701120

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 2. REQUIRED NOTIFICATIONS

40 TAC §§744.301, 744.303, 744.305

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701121

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 3. REQUIRED POSTINGS

40 TAC §744.401, §744.405

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§744.405.What telephone numbers must I post and where must I post them?

(a) You must post in a prominent place the following telephone numbers:

(1) 911 or, if 911 is not available in your area, you must post the telephone numbers for:

(A) Emergency medical services;

(B) Law enforcement; and

(C) Fire department;

(2) Poison control;

(3) The Texas Abuse and Neglect Hotline (1-800-252-5400);

(4) The local Licensing office telephone number; and

(5) The operation's telephone number, name, and address.

(b) If you use cellular phone service at your operation, you must ensure dialing 911 directs emergency personnel to the address or location of your operation.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701122

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 4. OPERATIONAL POLICIES

40 TAC §§744.501, 744.503, 744.505

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§744.501.What written operational policies must I have?

You must develop written operational policies and procedures that at a minimum address each of the following:

(1) Hours, days, and months of operation;

(2) Procedures for the release of children;

(3) Illness and exclusion criteria;

(4) Procedures for dispensing medication or a statement that medication is not dispensed;

(5) Procedures for handling medical emergencies;

(6) Procedures for parental notifications;

(7) Discipline and guidance that is consistent with Subchapter G of this title (relating to Discipline and Guidance). A copy of Subchapter G may be used for your discipline and guidance policy, unless you use disciplinary and training measures specific to a skills-based program, as specified in §744.2109 of this title (relating to May I use disciplinary measures that are fundamental to teaching a skill, talent, ability, expertise, or proficiency?);

(8) Suspension and expulsion of children;

(9) Meals and food service practices;

(10) Immunization requirements for children, including tuberculosis screening and testing if required by your regional Texas Department of State Health Services or local health authority;

(11) Enrollment procedures, including how and when parents will be notified of policy changes;

(12) Transportation, if applicable;

(13) Water activities, if applicable;

(14) Field trips, if applicable;

(15) Animals, if applicable;

(16) Procedures for providing and applying, as needed, insect repellent and sunscreen, including what types will be used, if applicable;

(17) The procedures for parents to review and discuss with the director any questions or concerns about the policies and procedures of the operation;

(18) The procedures for parents to visit the operation at any time during your hours of operation to observe their child, program activities, the building, the premises, and equipment without having to secure prior approval;

(19) The procedures for parents to participate in the operation's activities;

(20) The procedures for parents to review a copy of the operation's most recent Licensing inspection report and how the parent may access the minimum standards online;

(21) Instructions on how a parent may contact the local Licensing office, access the Texas Abuse and Neglect Hotline, and access the DFPS website;

(22) Emergency preparedness plan;

(23) Procedures for conducting health checks, if applicable; and

(24) Vaccine-preventable diseases for employees, unless your operation is in the home of the permit holder, the director, or a caregiver. The policy must address the requirements outlined in §744.2581 of this title (relating to What must a policy for protecting children from vaccine-preventable diseases include?).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701124

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


40 TAC §744.507

The repeal is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701125

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER C. RECORD KEEPING

DIVISION 1. RECORDS OF CHILDREN

40 TAC §§744.603, 744.605, 744.613, 744.615, 744.623, 744.627

The amendments and new section are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments and new section implement HRC §42.042.

§744.603.What records must I have for children in my care and how long must I keep them?

(a) You must maintain the following records for each child enrolled in your operation:

(1) A child-care enrollment agreement specified in §744.503 of this title (relating to Must I provide parents with a copy of my operational policies?);

(2) Admission information as specified in §744.605 of this title (relating to What admission information must I obtain for each child?);

(3) Immunization records;

(4) Tuberculosis screening and testing information, if required by your regional Texas Department of State Health Services or local health authority;

(5) Licensing Incident/Illness Report form, if applicable;

(6) A daily tracking system for when a child's care begins and ends as specified in §744.627 of this title (relating to Must I have a system for signing children in and out of my care?);

(7) Medication administration records, if applicable; and

(8) A copy of any health-care professional recommendations or orders for providing specialized medical assistance to the child. In some instances, minimum standards allow for a deviation from a minimum standard with written documentation from a health-care professional. You must also maintain this written documentation in the child's record.

(b) These records must at a minimum be kept at the operation and be available during your hours of operation for the following periods of time:

(1) Medication administration records for three months after administering the medication;

(2) Health-care professional recommendations or orders for three months after the health-care professional has indicated that the specialized medical assistance is no longer needed; and

(3) All other records noted in subsection (a) of this section for three months after the child's last day in care.

§744.623.What documentation is acceptable for an immunization record?

Acceptable documentation includes:

(1) A signed statement from the child's parent that the child's immunization record is current and on file at the pre-kindergarten or school that the child attends. The statement must be dated and include the name, address, and telephone number of the pre-kindergarten or school listed in the statement;

(2) An official immunization record generated from a state or local health authority, including a record from another state. Examples include a record from the Texas Immunization Registry, a copy of the current immunization record that is on file at the pre-kindergarten or school that the child attends, or the health passport for a child in the conservatorship of DFPS. The record must include:

(A) The child's name and date of birth;

(B) The type of vaccine and number of doses; and

(C) The month, day, and year the child received each vaccination; or

(3) An official immunization record or photocopy. An example includes a record from a doctor's office or a pharmacy. The record must include:

(A) The child's name and date of birth;

(B) The type of vaccine and number of doses;

(C) The month, day, and year the child received each vaccination; and

(D) The signature (including a rubber stamp or electronic signature) of the health-care professional who administered the vaccine, or another health-care professional's documentation of the immunization as long as the name and address of the health-care professional that administered the vaccine is documented.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701126

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


40 TAC §§744.615, 744.617, 744.619, 744.621

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701127

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 2. RECORDS OF ACCIDENTS AND INCIDENTS

40 TAC §744.703

The repeal is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701128

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


40 TAC §744.705

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701129

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 3. RECORDS THAT MUST BE KEPT ON FILE AT THE OPERATION

40 TAC §744.801, §744.803

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§744.801.What records must I keep at my operation?

You must maintain and make the following records available for our review, upon request, during your hours of operation. Paragraphs (13), (14), and (15) of this section are optional, but if provided will allow Licensing to avoid duplicating the evaluation of standards that have been evaluated by another state agency within the past year:

(1) Children's records, as specified in Division 1 of this subchapter (relating to Records of Children);

(2) Personnel and training records according to Division 4 of this subchapter (relating to Personnel Records);

(3) Licensing Director's Certificate;

(4) Attendance records or time sheets listing all days and hours worked for each employee;

(5) Verification of liability insurance or notice of unavailability, if applicable;

(6) Medication records, if applicable;

(7) Playground maintenance checklists;

(8) Pet vaccination records, if applicable;

(9) Safety documentation for emergency drills, fire extinguishers, and smoke detectors;

(10) Most recent fire inspection report, including any written approval from the fire marshal to provide care above or below ground level, if applicable;

(11) Most recent sanitation inspection report, if applicable;

(12) Most recent gas inspection report, if applicable;

(13) Most recent Texas Department of State Health Services' immunization compliance review form, if applicable;

(14) Most recent Texas Department of Agriculture Child and Adult Care Food Program (CACFP) report, if applicable;

(15) Most recent local workforce board Child-Care Services contractor inspection report, if applicable;

(16) Record of pest extermination, if applicable; and

(17) A daily tracking system for when a child's care begins and ends as specified in §744.627 of this title (relating to Must I have a system for signing children in and out of my care?).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701130

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 4. PERSONNEL RECORDS

40 TAC §744.903, §744.905

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701131

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


40 TAC §744.909

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and ProtectiveServices.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701132

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER D. PERSONNEL

DIVISION 1. DIRECTOR

40 TAC §§744.1001, 744.1003, 744.1015, 744.1017, 744.1023, 744.1029, 744.1035, 744.1037, 744.1051, 744.1053, 744.1055

The amendments and new section are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments and new section implement HRC §42.042.

§744.1029.What documentation must I provide to show that my director meets the child development and management education qualifications?

If requested by Licensing, you must provide original transcripts and supporting documentation, such as a credit course catalog description or a course syllabus or outline, so that Licensing may determine whether the course is recognized as child development or management.

§744.1037.What additional documentation must I submit to Licensing to show my director is qualified and when must I submit it?

(a) In addition to showing that your director meets the minimum qualifications for an employee (and minimum qualifications for a caregiver, if applicable), you must submit the following for each director at your operation:

(1) A completed Licensing Personal History Statement form specifying the education and experience of each designated director;

(2) A completed Licensing Governing Body/Director Designation form; and

(3) An original and current Licensing Director's Certificate form, or an original college transcript or original training certificates which verify the educational requirements. Original letters may be substituted for training certificates, provided they include the same information as specified in §744.1331 of this title (relating to What documentation must I provide to Licensing to verify that training requirements have been met?); and

(4) Complete dates, names, addresses, and telephone numbers which support the required experience.

(b) You must submit the information to us:

(1) As part of a new application for a permit; or

(2) Within five days of designating a new operation director, program director, or site director.

§744.1055.What happens if my operation director's or program director's credential expires?

We will give you a deadline for your operation director or program director to submit the required documentation or for you to designate another qualified director. If your operation director or program director allows the certificate to expire without submitting the required documentation confirming that the credential is current, then your operation will no longer meet the minimum standards for that director position.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701133

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


40 TAC §§744.1019, 744.1029, 744.1031, 744.1033, 744.1039, 744.1041

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701134

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 2. EMPLOYEES AND CAREGIVERS

40 TAC §744.1101, §744.1111

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701135

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


40 TAC §§744.1103, 744.1105, 744.1107

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§744.1105.What additional minimum qualifications must each of my caregivers meet?

Except as otherwise provided in this division, each caregiver must comply with minimum standards for employees and must:

(1) Be at least 18 years of age;

(2) Have a:

(A) High school diploma;

(B) High school equivalent; or

(C) High school certificate of coursework completion as defined in Texas Education Code, §28.025(d); and

(3) Complete pre-service training, as specified in Division 4 of this subchapter (relating to Professional Development).

§744.1107.When may I employ a person under the age of 18 or a person who does not have a high school diploma or equivalent as a caregiver?

(a) You may employ a 16 or 17-year-old who has a high school diploma or its equivalent and count the person in the child/caregiver ratio, provided that:

(1) You don't leave the person alone with sole responsibility for or in charge of an individual child, a group of children, or the operation;

(2) The person works in the same room with and is supervised by a caregiver qualified under §744.1105 of this title (relating to What additional minimum qualifications must each of my caregivers meet?); and

(3) The person has completed a child-care-related career program, which:

(A) The Texas Education Agency (including a charter school), the Texas Private School Accreditation Commission, other similar educational entity in another state, or federal agency approves; or

(B) A home-school approves, and the person completes the eight hours of pre-service training before being placed in a room with children.

(b) You may employ a 16-,17-, or 18-year-old who attends high school but has not graduated and count the person in the child/caregiver ratio, provided that:

(1) You do not leave the person alone with sole responsibility for or in charge of an individual child, a group of children, or the operation;

(2) The person works in the same room with and is supervised by a caregiver qualified under §744.1105;

(3) The person is currently enrolled in or has completed a child-care-related career program, which:

(A) The Texas Education Agency (including a charter school), the Texas Private School Accreditation Commission, other similar educational entity in another state, or federal agency approves; or

(B) A home-school approves, and the person completes the eight hours of pre-service training before being placed in a room with children;

(4) The person is expected to obtain a high school diploma or equivalent.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701136

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 3. GENERAL RESPONSIBILITIES FOR PERSONNEL

40 TAC §744.1203

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701137

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 4. PROFESSIONAL DEVELOPMENT

40 TAC §744.1301, §744.1327

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701138

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


40 TAC §§744.1301, 744.1315, 744.1317, 744,1319, 744.1321, 744.1325

The amendments and new section are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments and new section implement HRC §42.042.

§744.1319.Must the training for my caregivers and the director meet certain criteria?

(a) Training may include clock hours or CEUs provided by:

(1) A training provider registered with the Texas Early Childhood Professional Development System Training Registry, maintained by the Texas Head Start State Collaboration Office;

(2) An instructor who teaches early childhood development or another relevant course at a secondary school or institution of higher education accredited by a recognized accrediting agency;

(3) An employee of a state agency with relevant expertise;

(4) A physician, psychologist, licensed professional counselor, social worker, or registered nurse;

(5) A person who holds a generally recognized credential or possesses documented knowledge relevant to the training the person will provide; or

(6) A person who has at least two years of experience working in child development, a child development program, early childhood education, a childhood education program, or a Head Start or Early Head Start program and:

(A) Has a current Child Development Associate (CDA) credential; or

(B) Holds at least an associate's degree in child development, early childhood education, or a related field.

(b) Training may include clock hours or CEUs obtained through self-instructional materials, if the materials were developed by a person who meets one of the qualifications in subsection (a) of this section.

(c) Instructor-led training and self-instructional training, excluding self-study training, must include:

(1) Specifically stated learning objectives;

(2) A curriculum, which includes experiential or applied activities;

(3) An evaluation/assessment tool to determine whether the person has obtained the information necessary to meet the stated objectives; and

(4) A certificate of successful completion from the training source.

§744.1325.If I hire a caregiver or a director that received training at another operation, may these hours count towards the annual training requirement at my operation?

Training received at another operation can be applied towards the annual training requirement, if:

(1) The caregiver or director provides documentation of training, as specified in §744.1331 of this title (relating to What documentation must I provide to Licensing to verify that training requirements have been met?);

(2) The person obtained the training from a child-care center, a school-age or before or after-school program, or a child-care home that we license or register; and

(3) The training was obtained within two months before coming to work for your operation.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701140

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 5. VOLUNTEERS, SUBSTITUTES, AND PERSONS UNDER CONTRACT

40 TAC §744.1401, §744.1403

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701143

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 5. SUBSTITUTES, VOLUNTEERS, AND CONTRACTORS

40 TAC §744.1401

The new section is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The new section implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701144

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER F. DEVELOPMENTAL ACTIVITIES AND EQUIPMENT

DIVISION 1. ACTIVITIES AND ACTIVITY PLANS

40 TAC §744.2001, §744.2005

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701146

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER G. DISCIPLINE AND GUIDANCE

40 TAC §§744.2101, 744.2111, 744.2113, 744.2115

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701148

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


40 TAC §744.2103, §744.2105

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§744.2103.What methods of discipline and guidance may a caregiver use?

(a) Each disciplinary measure must:

(1) Be consistent with your policies and procedures;

(2) Not be physically or emotionally damaging to the child;

(3) Be appropriate to the child's age and level of understanding; and

(4) Be appropriate to the incident and severity of the behavior demonstrated.

(b) A caregiver may only use positive methods of discipline and guidance that encourages self-esteem, self-control, and self-direction, including the following:

(1) Using praise and encouragement of good behavior instead of focusing only upon unacceptable behavior;

(2) Reminding a child of behavior expectations daily by using clear, positive statements;

(3) Redirecting behavior using positive statements; and

(4) Using brief supervised separation or time out from the group, when appropriate for the child's age and development, which is limited to no more than one minute per year of the child's age.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701149

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER H. NAPTIME

DIVISION 1. NAPTIME

40 TAC §744.2207, §744.2211

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701150

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER I. FIELD TRIPS

40 TAC §744.2305

The repeal is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701151

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER J. NUTRITION AND FOOD SERVICE

40 TAC §§744.2409, 744.2411, 744.2413

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§744.2409.May parents provide meals and/or snacks for their child instead of my operation providing them?

(a) Yes; however, your enrollment agreement signed by the parent must include a statement that the parent is choosing to provide the child's meals and/or snacks from home, and the parent understands the operation is not responsible for its nutritional value or for meeting the child's daily food needs.

(b) If the parent provides a meal but not a snack, you are responsible for providing a snack as specified in §744.2407 of this title (relating to What kind of foods must I serve for snacks?).

(c) You must provide safe and proper storage and service of the individual meals and snacks provided by parents.

(d) Snacks provided by a parent must not be shared with other children, unless:

(1) A parent is providing baked goods for a celebration or party being held at the operation; and

(2) You ensure that the shared snacks meet the needs of children who require special diets.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701152

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER K. HEALTH PRACTICES

DIVISION 1. ENVIRONMENTAL HEALTH

40 TAC §§744.2501, 744.2505, 744.2515, 744.2519, 744.2520

The amendments and new section are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments and new section implement HRC §42.042.

§744.2520.May I use hand sanitizer as a substitute for washing hands?

You may use hand sanitizers as a substitute for washing hands if all of the following conditions are met:

(1) You do not use hand sanitizers to wash hands that are visibly dirty or greasy or have chemicals on them, unless you are away from the classroom and soap and water are not available for hand washing;

(2) You follow the labelling instructions for the appropriate amount to be used and for how long the hand sanitizer needs to remain on the skin surface to be effective;

(3) Children have adult supervision when using hand sanitizers; and

(4) You store hand sanitizers out of the reach of children when not in use.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701153

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


40 TAC §744.2509, §744.2511

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701154

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 2. TOILETING

40 TAC §744.2551

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701156

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 3. ILLNESS AND INJURY

40 TAC §§744.2571, 744.2573, 744.2576, 744.2577

The amendments and new section are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments and new section implement HRC §42.042.

§744.2577.How should caregivers respond to an illness or injury that requires the immediate attention of a health-care professional?

For an illness or injury that requires the immediate attention of a health-care professional, you must:

(1) Contact emergency medical services (or take the child to the nearest emergency room after you have ensured the supervision of other children in the group);

(2) Give the child first-aid treatment or CPR when needed;

(3) Contact the child's parent;

(4) Contact the physician or other health-care professional identified in the child's record; and

(5) Ensure supervision of other children in the group.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701157

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER L. SAFETY PRACTICES

DIVISION 1. SAFETY PRECAUTIONS

40 TAC §§744.2601, 744.2603, 744.2607, 744.2609

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§744.2603.How can I ensure the safety of the children from other persons?

(a) People whose behavior and/or health status poses an immediate threat or danger to the health or safety of the children must not be present when children are in care.

(b) People must not consume alcohol or controlled substances without a prescription in the operation, during transportation, or on field trips.

(c) People must not be under the influence of or impaired by alcohol or controlled substances in the operation, during transportation, or on field trips.

(d) People must not smoke any e-cigarette, vaporizer, or tobacco product or otherwise use any tobacco product at your operation, on the premises, on the playground, in transportation vehicles, or during field trips.

§744.2607.Are firearms or other weapons allowed at my operation?

(a) Peace officers as listed in §2.12 of the Code of Criminal Procedure and security officers commissioned by the Texas Private Security Board who are trained and certified to carry a firearm on duty may have firearms and ammunition on the premises of the operation.

(b) For all other persons, firearms, hunting knives, bows and arrows, and other weapons are prohibited on the premises of the operation, unless the operation is also your home and except as allowed under subsection (e) of this section. This prohibition does not apply to personal vehicles.

(c) Firearms, hunting knives, bows and arrows, and other weapons kept on the premises of an operation located in your home must remain in a locked cabinet inaccessible to children during your hours of operation.

(d) Ammunition must be kept in a separate locked cabinet and inaccessible to children during your hours of operation.

(e) If your operation uses specialized equipment or weapons that are fundamental to teaching a skill, talent, ability, expertise, or proficiency that is the goal of skill instruction or training that is a core component of your operation's program, such as batons and sticks used in martial arts programs:

(1) The equipment must be used according to manufacturer's instructions and supervised by trained personnel;

(2) The safety practices employed by the operation and the risks associated with the use of the equipment must be outlined in your policies and procedures; and

(3) Parents must provide written consent before children may use the equipment. Written consent must be kept on file at the operation in the child's record and available for review by Licensing during your hours of operation.

§744.2609.May I have toys or other types of equipment that explode or shoot things?

A child may not use any type of toy or equipment that explodes or that shoots things, such as caps, BB guns, darts, or fireworks at the operation or on field trips. These types of toys and equipment are not allowed at your operation unless your operation is located in your home. If your operation is located in your home, you must keep any such toy or equipment in a locked cabinet inaccessible to any child during your hours of operation.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701159

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 2. MEDICATION AND MEDICAL ASSISTANCE

40 TAC §744.2651

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701160

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 3. ANIMALS AT THE OPERATION

40 TAC §744.2701

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701161

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER M. PHYSICAL FACILITIES

DIVISION 1. INDOOR SPACE REQUIREMENTS

40 TAC §744.2905, §744.2907

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701162

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 3. TOILETS AND SINKS

40 TAC §744.3003, §744.3007

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701163

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 4. TELEPHONE

40 TAC §744.3051

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701164

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER N. INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT

DIVISION 1. MINIMUM SAFETY REQUIREMENTS

40 TAC §§744.3101, 744.3107, 744.3111

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§744.3111.What is the maximum height allowed for the highest designated play surface if my operation was licensed before September 1, 2010?

(a) If you were licensed before September 1, 2010, the maximum height allowed for the highest designated play surface on active play equipment is:

(1) Six feet for equipment designed to be used by children younger than five years old; or

(2) Eight feet for equipment designed to be used by children five years old and older.

(b) If your operation re-designs the existing playground or adds new playground equipment, then as the changes are made you must meet equipment height requirements specified in §744.3109 of this title (relating to What is the maximum height of the highest designated play surface allowed?). You must submit a written plan for compliance to us upon request.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701165

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 3. USE ZONES

40 TAC §744.3209

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701166

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 4. SURFACING

40 TAC §744.3251, §744.3255

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701167

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 6. INFLATABLES

40 TAC §744.3351

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701168

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER O. SWIMMING POOLS AND WADING/SPLASHING POOLS

40 TAC §744.3409

The repeal is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701169

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER O. SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY

40 TAC §744.3413

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701170

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER P. FIRE SAFETY AND EMERGENCY PRACTICES

DIVISION 1. FIRE INSPECTION

40 TAC §744.3505

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701171

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 2. EMERGENCY PREPAREDNESS

40 TAC §744.3561

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701172

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 3. FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS

40 TAC §§744.3605, 744.3607, 744.3619

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§744.3605.Where must I mount fire extinguishers?

You must mount all fire extinguishers on the wall by a hanger or bracket. The top of all extinguishers must be no higher than five feet above the floor and the bottom at least four inches above the floor or any other surface. If the state or local fire marshal or the manufacturer's instructions has different mounting instructions, you must follow those instructions. All fire extinguishers must be readily available for immediate use by employees and caregivers.

§744.3607.How often must I inspect and service the fire extinguisher(s)?

(a) The director or designee must inspect all fire extinguishers monthly. The date of the inspection and the name of the director or designee who inspects the extinguisher(s) must be recorded and kept at the operation for review during your hours of operation.

(b) Fire extinguishers must be serviced as required by manufacturer's instructions, or as required by the state or local fire marshal.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701173

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


DIVISION 6. CARBON MONOXIDE DETECTION SYSTEMS

40 TAC §744.3757

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701174

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559


SUBCHAPTER Q. TRANSPORTATION

40 TAC §§744.3801, 744.3805, 744.3807, 744.3817, 744.3821

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§744.3817.Must I carry specific information and equipment in the vehicles used to transport children in my care?

(a) You must have the following in each vehicle you use to transport children:

(1) A list of the children being transported;

(2) Emergency medical transport and treatment authorization forms for each child being transported;

(3) The operation's name and telephone number and the director or permit holder's name. The information must be in the glove compartment or clearly visible inside the passenger compartment, or the operation's name and telephone number must be clearly visible on the outside of the vehicle;

(4) Parent's names and telephone numbers and emergency telephone numbers for each child being transported;

(5) A fire extinguisher approved by the local or state fire marshal, secured in the passenger compartment and accessible to the adult occupants; and

(6) A first-aid kit as specified in Division 4 of Subchapter L (relating to First-Aid Kits).

(b) The driver must have a current driver's license and carry it while transporting children.

§744.3821.What communication requirements are there for a vehicle used to transport children?

When transporting children in a vehicle:

(1) The vehicle must have a communications device such as a cellular phone or two-way radio; or

(2) A caregiver at the operation must know the routine arrival and departure times of the vehicle and take action if the vehicle does not return to the operation at a scheduled time. The driver must travel a known fixed route within an approximate timeframe.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701175

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (512) 438-5559